Senate debates

Thursday, 10 November 2016

Questions without Notice: Take Note of Answers

Answers to Questions

3:51 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | Hansard source

Is that the best you have got? I mean, really. So you might not like the fact that you inadvertently knocked out the Solicitor-General with this inquiry, but the facts are very clear. He had a conversation with the shadow Attorney-General during the caretaker period in breach of the caretaker guidelines which he was clearly obliged to follow, and he had absolutely no choice but to resign. As a barrister, the Solicitor-General must have known it was a breach of professional conduct and ethics to have ex parte discussions and breach client privilege. Consequently, the Solicitor-General had no choice but to resign. He was a senior legal adviser to the Commonwealth government, and it would be impossible after he had those conversations with the shadow Attorney-General which he did not disclose to either the secretary of the department or the Attorney-General. He had to go.

The shadow Attorney-General himself, as a previous Attorney-General and as a barrister, must have known better than to have made the call to the Solicitor-General, and certainly the Solicitor-General, a barrister himself, must have known better than to take the call and provide the information to the shadow Attorney-General that he did. Any objective analysis of the Solicitor-General's testimony will find it riddled with contradictions and unwarranted hubris. I am not surprised the Solicitor-General refused to answer a single one of my 34 questions to him after his bombshell revelation that he had in fact breached caretaker guidelines and breached privilege on information provided not only to the Attorney-General but also to the Prime Minister and potentially to the Governor-General as well.

Since when has it been discretionary for a witness in any Senate inquiry to flatly refuse to answer questions on the feeble excuse: 'There were too many questions' or 'I sort of, kind of, answered the questions before'?

An opposition senator interjecting—

No, he hadn't answered those questions. They were carefully crafted questions. Each question was linked to his testimony, mostly in relation to his bombshell revelation at the inquiry that he had breached caretaker guidelines and his professional duties as a barrister. But that is not the point, and those opposite know that.

Two issues that occurred in this inquiry should be of great concern to all in this place: firstly, the contempt the Solicitor-General has shown for all senators in this place by refusing to answer a single question on notice as a result of his testimony; and, secondly, the Labor and Greens members of this committee allowed him to use those feeble excuses to not answer a single one of my questions. The majority members' decision is a shocking precedent to set for future Senate committee inquiries. I understand why the majority committee members did not want them answered. If I had just fessed up to what he did in the inquiry, I would not want to answer the questions either—but it was too late. That horse had already bolted. It was too late when Labor committee members failed to do their due diligence with the shadow Attorney-General before they set up the inquiry. It was too late when, despite the fact that the government senators on the inquiry offered to have the inquiry in camera so as to preserve the dignity of the Solicitor-General and also that of the Attorney-General—oops, you king hit— (Time expired)

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